Message from the Co-Chairs
2011 has been one of the ICCL’s
busiest years ever. In addition to
our programmed work under the
Strategic Plan devised by the Board,
the ICCL had to step into the breach
and run a referendum campaign, at
short notice and with very limited
resources. A reminder, if one were
needed, of why it is so important
that Ireland retains a genuinely
independent human rights watchdog.

The Board’s own work has developed
significantly during the past year. We have
appointed a Governance Sub-Committee
and developed and adopted a Code of
Governance for the ICCL. New directors go
through a detailed induction programme,
designed to familiarize them with the
organisation’s operations, management
and governance structures.
You will see a number of new faces in
this year’s annual report and we are
delighted that the Board has been further
strengthened by the addition of Alan D.P.
Brady, Elaine Dewhurst, Frances Feeney
and Claire Hamilton. We continue to seek
out new talent for the Board to ensure that
the ICCL retains its position as a sectorleading non-governmental organisation.
One of the biggest challenges facing us as
a Board is ensuring that the ICCL will have
a sustainable future. In 2011 we reached
our highest-ever level of annual income,
passing the one million Euro mark for
the first time in the ICCL’s history.

Niall Mulligan

2 ICCL Annual Report 2011

Natalie McDonnell

Our success in attracting core funding from
the European Commission for our work on
criminal justice and victims’ rights played
a significant role in improving our cash
flow during the year.
However, although we have reduced our
dependency on our biggest single donor,
the Atlantic Philanthropies, in line with our
strategic targets, we remain precariously
reliant on too few sources of major funding.
Thirty-five years after it was founded,
the ICCL has become a fully-fledged
professional human rights organisation,
but its future remains far from secure.
Over the coming year, we will be reaching
out to those of you who have supported
the ICCL in the past, encouraging you to
make a more significant investment in our
future. At present, we have the financial
and human resources to do our job in
an effective way, but we will need your
active help to guarantee that the ICCL will
become a permanent part of the human
rights infrastructure in Ireland.

The activities outlined in this Annual
Report are only the highlights of the ICCL’s
work during 2011. These higher-profile
pieces of work have been accompanied
by active behind-the-scenes diplomacy,
support for colleagues in the nongovernmental sector and patient nurturing
of the relationships that are essential to
ensure that the ICCL retains its influential
position in Irish public life. Much of this
activity is less visible than the mediafriendly work at which the ICCL excels,
but it is no less vital.
We would like to thank the ICCL’s
dedicated staff team for all of their
work during 2011 and we are looking
forward to another challenging year,
during which concerted efforts by the
Board and staff will be required to
retain and enhance the capacity that
the ICCL is so fortunate to have acquired.
We are counting on your support!
Natalie McDonnell, Co-Chair (Policy)
Niall Mulligan, Co-Chair (Operations)

Director’s Foreword
The notion of the universality of
human rights has always underpinned
the ICCL’s work. Human rights are
the inherent possession of each
and every one of us, not something
to be generously granted by
the drafters of a constitution or
grudgingly conceded by a court.

Our flagship project in 2011 focused on
Ireland’s first ever Universal Periodic
Review (UPR) by the United Nations
Human Rights Council. Unique amongst
global human rights monitoring
procedures, the UPR is a peer-review
process, during which other United Nations
member States scrutinize the performance
of the country under review. To equip the
Human Rights Council to do this, the ICCL
Our modern human rights system sets
led the 17-member Your Rights Right Now
out these values in a series of global and
civil society UPR coalition. During the
regional treaties, to many of which Ireland
year, Your Rights Right Now produced a
has voluntarily subscribed. However,
stakeholder report endorsed by more than
our domestic law and practice have not
100 civil society organisations, lobbied the
always kept pace. This much is clear
diplomatic corps in Dublin and Geneva,
from judgments of the European Court of
raised awareness of the UPR process and
Human Rights against Ireland and from the
ensured that the voices of vulnerable
recommendations of a number of Council of
people were heard. The Government
Europe and United Nations treaty bodies.
has committed to implement the vast
majority of the UN member States’ 127
During 2011, the ICCL has worked
UPR recommendations. Global vision has
hard to enhance the implementation
secured local impact.
in Ireland of the international human
rights standards: applying global
Key developments affecting Ireland’s laws
vision to secure local impact.
continue to emerge at European level and
2011 saw the ICCL’s work on European
criminal justice issues recognized by core
funding from the European Commission,
Mark Kelly
enabling us to dedicate a staff member to
work on procedural rights and the human
rights of victims. In future, European
Union Directives on these issues will have
the force of law in Ireland and it is vital
that we understand and are in a position
to influence the content of those Directives
from a human rights perspective.

Closer to home, the ICCL played a more
traditional watchdog role by opposing
the Government’s proposals to grant
the Oireachtas judicial powers without
providing appropriate safeguards. The
organisation led a successful campaign
that saw the Government’s proposal
defeated by a convincing majority of
voters. Reform of the Constitution should
never be undertaken lightly or in haste,
and the ICCL will continue closely to
monitor future referendum proposals
for human rights compliance.

Rights in Under a Minute Challenge.
The Challenge encouraged young film
makers to create their own human rights
film no more than 60 seconds long, with
the support of a new educational resource,
Human Rights Through the Lens, designed
for the Civic, Social and Political Education
(CPSE) curriculum.

Building effective networks at national and
European level is an integral part of the
ICCL’s work and, in 2011, this assumed a
global dimension with the formalisation of
the International Network of Civil Liberties
2011 is likely to be the last full year in which Organisations (INCLO), of which the ICCL
is one of ten founder members. At the
the Irish Human Rights Commission and
INCLO’s meeting in Dublin in December
the Equality Authority will exist. Merger
2011, I was honoured to be elected as
discussions are at an advanced stage and
one of the two founding Co-Chairs of
it is anticipated that the current equality
this new global network of like-minded
functions of the Equality Authority will
organisations. The INCLO’s global reach
be assumed by a new Irish Human Rights
has the capacity significantly to strengthen
and Equality Commission. The ICCL has
the impact of the ICCL’s local work.
welcomed the merger, which is capable
of producing a new body that is more
I am enormously grateful to all our
effective than either of its predecessors.
In order to support the future case law work supporters and friends for the assistance
that they have provided over the course
of the IHREC, the ICCL has commissioned
of this very busy year. Particular thanks
an authoritative book on the Equal Status
are due to the Atlantic Philanthropies
Acts and a comprehensive review of antifor their recognition of the impact of
discrimination law in Ireland, both of
our work and their unflinching support.
which will be published in 2012.
I hope that you will enjoy reading this
year’s annual report on which, as ever,
Our awareness raising and outreach work
we would welcome your comments.
was another highlight of 2011. Successful
projects documented in this report include
Mark Kelly, Director
our third annual Human Rights Film
Awards, which included our new Human

ICCL Annual Report 2011

3

Our People

Meet our Executive Board & Staff

4 ICCL Annual Report 2011

Executive Board

Natalie McDonnell (Co-Chair – Policy)

Niall Mulligan (Co-Chair – Operations)

John Kennedy

Mary McIvor

Siobhán Cummiskey

Claire Hamilton

Elaine Dewhurst

Frances Feeney

Alan D.P. Brady

The ICCL is governed by an
Executive Board drawn from
academia, business and the law.

ICCL Annual Report 2011

5

Our People
Additions to the ICCL’s Board in 2011
Dr Alan DP Brady is a practicing barrister
and an adjunct lecturer in the Law School
at Trinity College Dublin. At TCD, he
teaches an undergraduate course on
penology and a postgraduate course on
judicial review and human rights. He
also teaches administrative law at the
King’s Inns. He has previously worked
at Front Line and at the Law Reform
Commission. He has a PhD in human
rights law from the London School of
Economics and Political Science.

6 ICCL Annual Report 2011

Dr Elaine Dewhurst worked in the Law
School of the Law Society of Ireland as a
Course Executive in Civil Litigation, Civil
Advocacy and Landlord and Tenant Law
from 2006–2007. From 2007–2009 she
worked in the position of Parliamentary
and Law Reform Executive in the Law
Society of Ireland. She was the Irish
National Administrator for the Philip
C. Jessup International Law Moot Court
Competition from 2007–2009.
She has been awarded the EJ Phelan
Fellowship in International Law by the
National University of Ireland and has
published articles and presented papers at
national and international conferences in
the area of immigration law, employment
law, human rights and European law. She
received a PhD for her thesis on the “The
Obstacles Faced by Migrant Workers to
Achieving Equality with Irish Nationals
in Employment in Ireland.”

Frances Feeney is the Managing Director
of Social Capital Ireland. A financial
accountant and Fellow of the Institute
of Chartered Certified Accountants,
she worked for a number of years in
PricewaterhouseCoopers as a manager
in their business and wealth services
group – clients included owner managed
businesses, public sector organisations
and not-for-profit organisations. She
subsequently worked as Chief Operations
Officer with an Irish Charity involved in
overseas aid. Frances had a previous career
at a senior level in the public sector as a
health professional. She has an MSc in
Executive Leadership from Boston College
and Ulster University. She founded Venture
Philanthropy Ireland in 2007 which
evolved into Social Capital Ireland in 2008.

Claire Hamilton practised as a barrister
in criminal law until 2004 when she
became a full time lecturer in criminology
in Dublin Institute of Technology. In DIT
she teaches social care law, criminological
theory, sentencing and criminal justice.
Her first book Whittling the Golden
Thread: The Presumption of Innocence
and Irish Criminal Law was published by
Irish Academic Press in 2007 and she is
currently working on her second book,
Social Work and Social Care Law. She has
previously served on the board of the Irish
Penal Reform Trust and acted as Chair
of the Trust from 2005 to 2007. She holds
a PhD in Law (Criminology) from UCD.

The ICCL’s professional staff work
across three teams: Research
and Policy, Communications and
Campaigns and Organisational
Development
Aoife Murphy joined the ICCL team
in March 2011 as Film Awards intern,
and subsequently joined the staff as
Administrator (maternity cover).
Aoife Lyons joined the ICCL as UPR
Project Officer from July – November 2011.
Yitong Jiang worked with the ICCL from
January – March 2011 on our Universal
Periodic Review Project as part of a fellowship of the Open Society Justice Initiative.
Sinéad Skelly joined the ICCL team
in November 2011 as EU Criminal
justice intern.
Tanya Ward was granted leave of
absence from the ICCL in December
2011 to take up the position of CEO
of the Children’s Rights Alliance.
Yitong Jiang

Aoife Murphy

Aoife Lyons

Sinéad Skelly

ICCL Annual Report 2011

7

Our Work

Fostering a Human Rights Culture

The ICCLâ&#x20AC;&#x2122;s role is to act as a watchdog and to ensure that human rights standards
are mainstreamed into law, policy and practice in Ireland.
8 ICCL Annual Report 2011

01
Your Rights Right Now and
Ireland’s Universal Periodic
Review – Mobilising Civil Society
to Focus International Attention
on Ireland’s Human Rights Record
2011 saw ‘Your Rights. Right Now’,
the ICCL’s flagship project on
international human rights monitoring,
swing into action. In October 2010,
the ICCL brought together a steering
group of seventeen leading nongovernmental organisations (NGOs),
trade unions and civil society
organisations to ensure that the
voice of Irish civil society was heard
during Ireland’s UPR examination.

Launch of the ‘Your Rights. Right Now’ campaign, January 2011

Under the banner Your Rights Right Now,
the project has two overarching objectives:
• To engage effectively with the
UPR process in order to achieve
recommendations which, when
implemented, will result in change.
• To raise awareness of human rights,
the UN and the UPR process.
Consultation
The Your Rights Right Now Cross-Sectoral
Steering Group (CSSG) carried out 17
consultation and information sessions
with organisations and individuals around
Ireland in February and March 2011. To
support this process, the ICCL produced
a Plain English Guide to the UPR in
conjunction with the Geneva-based NGO,
upr-info.org as well as a short animation
explaining the process in simple terms.
Over 200 people attended the events
and the Your Rights Right Now campaign
received 84 submissions from organisations
and individuals.

Your Rights Right Now animation

The information and evidence collected
by the Your Rights Right Now team covered
a diverse spectrum of issues. However,
recurring themes emerged such as access to
services; equality and non-discrimination;
accountability; right to information and a
remedy; and political participation.
UPR Stakeholder Report
This information was fed into Ireland’s Civil
Society UPR Stakeholder Report which was
submitted to the UN on 21 March 2011 and
officially launched by the newly-appointed
Minister of State with Special Responsibility
for Disability, Equality, Mental Health and
Older People, Kathleen Lynch TD, on 19 April
2011. By the date of submission to the UN,
82 civil society organisations had endorsed
the report and a further 25 organisations
indicated their support thereafter.
The Irish Government also submitted a report
to the UN and representatives of Your Rights
Right Now participated in the Government’s
consultation process in May 2011.

What is the UPR?
In 2011, Ireland was examined for the first time
by other United Nations (UN) countries on our
human rights record under the Universal Periodic
Review or UPR. This is a new mechanism and the
first time that UN States directly examined each
other on their human rights record. The review is
conducted by the UPR Working Group of the UN
Human Rights Council and Ireland was one of the
last countries to be examined under the first cycle
of the UPR (now complete).
One of the most exciting aspects of the UPR is the
broad range of human rights that are considered:
from the right to health to the right to liberty to the
rights of children, older people and people from
minority groups. Countries are examined on their
obligations under all human rights agreements
ratified, voluntary commitments or pledges made by
the State, the UN Charter, the Universal Declaration
on Human Rights and international humanitarian law.

Minister Kathleen Lynch TD at the launch of the
Your Rights Right Now report

ICCL Annual Report 2011

9

Our Work
Lobbying
The Your Rights Right Now report contained
36 recommendations and the steering
group carried out over 40 lobbying
meetings with diplomats in Dublin and
Geneva throughout the summer of 2011,
in order to explain and promote these
recommendations. We held a briefing for
Oireachtas members and the diplomatic
corps in Dublin in April 2011 and a targeted
side event with Amnesty International
(Ireland) at the UN Headquarters in Geneva
in September 2011.
Ireland’s UPR Examination,
6 October 2011
As evidenced by our nationwide public
meetings, participation was a key element
for the Your Rights Right Now campaign.
With the support of Your Rights Right
Now, consultees and civil society groups
attended the UPR examination hearing
in Geneva on 6 October 2011.

Among them, two members of Older & Bolder
together with staff from the organisation
travelled to Geneva to see how issues
affecting older people would be addressed at
the UPR Working Group and to make linkages
to other groups working on similar issues.
The Fox family from Mallow in Co Cork also
joined the Your Rights Right Now delegation.
Having viewed an online ad on Facebook,
they attended a consultation event in Cork
and the subsequent launch of the Your Rights
Right Now report in April 2011.

UPR Recommendations
127 recommendations were made by
other UN countries on how to improve
the human rights situation in Ireland
including on issues such as a referendum
on children’s rights, the rights of women,
prison conditions, rights of people with
disabilities and anti-racism measures.
The majority of these recommendations
reflected issues raised in the Your Rights
Right Now stakeholder report.

During the UPR process, the Your Rights
Right Now group witnessed how issues
We were delighted that Lauren Donovan,
a student from the Sherrard Street Youthreach which were vocalised at small regional
meetings in Ireland could be transposed
scheme for early school leavers, travelled
with Your Rights Right Now to Geneva. Lauren to the international arena of the UN –
how the local could be connected to the
won our human rights competition, carried
international. Together with the UPR Crossout in conjunction with Youthreach schools
Sectoral Steering Group, the ICCL plans to
nationwide, with her provocative video on
continue our work with organisations and
domestic violence.
individuals around the country and use the
UPR recommendations as building blocks
Live webcasting of Ireland’s UPR session
upon which to base our work for change
was facilitated by Your Rights Right Now
in Irish law, policy and practice over the
and partners throughout Ireland.
next four years until Ireland’s next UPR
examination.

YOUTHREACH
Youthreach works with unemployed young early
school leavers aged 15–20. It offers participants
the opportunity to identify and pursue viable
options within adult life, and provides them
with opportunities to acquire certification and
employment opportunities.

YOUR RIGHTS RIGHT NOW
CROSS-SECTORAL STEERING GROUP
Amnesty International Ireland
Children’s Rights Alliance
Irish Congress of Trade Unions
Dóchas
Educate Together
FLAC
Irish Council for Civil Liberties
Irish Family Planning Association
The Integration Centre
Irish Penal Reform Trust
Irish Traveller Movement
Immigrant Council of Ireland
Irish Senior Citizens’ Parliament
National Women’s Council of Ireland
Union of Students in Ireland
The Simon Community
Transgender Equality Network Ireland

Public information campaign launch at Liberty Hall on 22 September 2011

10 ICCL Annual Report 2011

Public information session

Youthreach competition prizegiving award ceremony

01
On the question of human rights,
there is no room for moral
relativism or selectivity – respect
for dignity and human rights that
secure that bedrock value is the
incontestable baseline of decent
politics everywhere.
Minister Shatter addressing the UN Human Rights Council at Ireland’s UPR on 6 October 2011

Minister Shatter addressing the UN
Human Rights Council at Ireland’s
UPR on 6 October 2011
“[…] it is never acceptable for any government
to treat national or religious or ethnic minorities
as inferior; or to discriminate against gay men or
gay women; or to discriminate against children
or to fail to recognise their vulnerability; or to
exclude a disabled person from inclusion; or to
repress freedom of expression because it fears or
disagrees with the speaker’s opinion save where
such opinion constitutes incitement to hatred.
And of course, it is never acceptable for
government to allow genocide, rape or child
sexual or physical abuse; or women to be treated
as second class citizens; or human neglect
through indifference; or individuals to be targeted
and pilloried because of their race, colour, religion
or national or ethnic origins or identity.
On the question of human rights, there is no
room for moral relativism or selectivity – respect
for dignity and human rights that secure that
bedrock value is the incontestable baseline of
decent politics everywhere.”

www.rightsnow.ie

Campaigner Orla Tinsley at our public information campaign
launch at Liberty Hall on 22 September 2011

Our ‘Ireland’s UPR’ campaign video

Minister for Justice, Equality and Defence Alan Shatter TD

ICCL Annual Report 2011

11

Our Work
The UN Committee against Torture
– Placing Ireland’s Ill Treatment
Record under a Global Spotlight
Ireland’s first examination under the UN
Convention against Torture and other
Inhuman or Degrading Treatment or
Punishment (UNCAT) took place on 23
and 24 May 2011. The ICCL and Irish
Penal Reform Trust (IPRT) joined forces
to produce a joint shadow report which
was endorsed by 31 Irish civil society
organisations and academic institutions.

Prior to the Committee’s examination of the
Irish Government delegation, the ICCL and
IPRT appeared before a closed session of the
Committee to brief members on key issues
arising in the shadow report, and ICCL/IPRT
representatives were on hand to monitor the
responses of the Irish Government during
the two day hearing.
In partnership with the International
Rehabilitation Council for Torture Victims,
the ICCL and IPRT also organised the
first ever live worldwide webcasting of
a government delegation before a UN
Treaty Monitoring Body (www.ustream.tv/
channel/iprt). This was viewed by a global
audience including statutory bodies and
civil society organisations in Ireland, and
ensured that the Committee’s questions
and the Government’s responses were
communicated instantly to concerned
parties in Ireland and internationally.

The launch of the joint ICCL/IPRT Shadow report under UNCAT

12 ICCL Annual Report 2011

The Concluding Observations of the UN
Committee echoed many of the concerns
outlined by the ICCL and IPRT in our Joint
Shadow Report, including regarding:
• Refugees and international protection
• Prison conditions
• Detention of refugees and asylum seekers
• Complaints and investigations
mechanisms
• Follow-up to the Ryan Report
• Magdalene Laundries
• Children in detention
• Abortion
• Prohibition of FGM
• Violence against women, including
domestic violence
• Treatment of persons with mental
disabilities
• Protection of separated and
unaccompanied minors

Thanks to the efforts of the IPRT and ICCL to
live-broadcast the proceedings, the hearing
and the concluding comments issued in
June 2011 received extensive media coverage.
Since then, the ICCL has continued its work
on implementation of the recommendations
of the Committee, which form a clearly
defined ‘to do’ list for the Government to
improve safeguards against cruel, inhuman
and degrading treatment.
This project was funded by the St. Stephen’s
Green Trust and by AW60.

01
The ‘Dublin Process’ – Working
for UN Treaty Body Reform

The treaty body members were in Dublin
to discuss formal proposals on how to
strengthen treaty monitoring (the ‘Dublin
II’ meeting). Funded by the Department
On Wednesday 9 November 2011, the
of Foreign Affairs and Trade, the meeting
ICCL and Amnesty International Ireland
was organised by the Nottingham Centre
organised a joint seminar on the eve of
for Human Rights. This is the conclusion
an international meeting of UN treaty
of two years of meetings and reviews by key
body members and high-level UN
stakeholders in the treaty monitoring area.
delegates, including the Deputy High
More information this process is accessible
Commissioner for Human Rights.
at www2.ohchr.org/english/bodies/HRTD/
hrtd_process.htm
The purpose of the Amnesty/ICCL event was
to inform Irish civil society groups about
the ‘Dublin Process’ and to provide space
for an exchange of views with UN treaty
body members. The event identified some of
the major challenges for treaty monitoring,
including poor resourcing, variations in
capacity and practice, as well as government
attitudes to the Treaty Monitoring Bodies.

Chaired by the ICCL’s Director, the meeting
was addressed by Kyung-wha Kang, the
UN Deputy High Commissioner for Human
Rights and other speakers including
Professor Ron McCallum, Chair of the
Committee on People with Disabilities;
Michael O’Flaherty, UN Human Rights
Committee and Chief Commissioner
of the Northern Ireland Human Rights
Commission; Colin Wrafter, Head of the
Department of Foreign Affairs and Trade
Human Rights Unit; Rachael Blake, UN
Quaker Office; Rosslyn Noonan, Chair of
the International Co-ordinating Committee
of National Institutions for the Promotion
and Protection of Human Rights, and Colm
O’Gorman of Amnesty International Ireland.

Human Rights Treaty Monitoring
There are currently nine core UN human
rights treaties which have been agreed at the
international level since 1948 that are important
for human rights monitoring in Ireland. These
cover: civil and political rights; economic, social
and cultural rights; racism; women’s rights; torture;
children’s rights; migrant rights; disability rights;
and protection against enforced disappearance.
Compliance by states with these treaties is
monitored by Treaty Monitoring Bodies (TMBs)
made up of independent experts. TMBs also issue
recommendations benchmarking the state of
human rights in each signatory country.

The ICCL promotes a justice system that is humane, effective, rigorous and fair,
and respects the human rights of all participants.
14 ICCL Annual Report 2011

02
The Campaign Against the 30th
Amendment to the Constitution –
Ensuring an Effective and Accountable
Parliamentary Inquiries System

The campaign was a resounding success,
with the results of the poll confirming
that the Amendment had been defeated
by a margin of 53.3% against to 46.7%
for – demonstrating a swing from ‘Yes’
to ‘No’ of over 30% since the launch of
October 2011 saw the ICCL Association
the ICCL’s campaign.
launch a political campaign for the
first time in over seven years, when it
The Amendment’s stated intention was,
led the campaign for a ‘No’ vote on the
on the face of it, a desirable one – the
30th Amendment to the Constitution.
enhancement of the Oireachtas’ abilities
to hold inquiries in the public interest.
However, the wording of the Amendment
failed to strike the right balance between
the public interest and the rights of persons
appearing before Oireachtas Committees.

Campaign Launch, 21 October 2011

Dr Maurice Hayes, former Senator and NI Ombudsman

In addition to providing for Oireachtas
inquiries which could make findings as
to the conduct of individual persons, the
wording further provided that the extent
to which “fair procedures” should apply
when striking an “appropriate balance
between the rights of persons and the public
interest” would be a matter solely for the
Houses of the Oireachtas to determine. Judge
McMahon, the Independent Chair of the
Referendum Commission made clear that “it
is not possible to state definitively what role,
if any, the courts would have in reviewing
the procedures adopted by the Houses”.
A Rushed Proposal
The Government published draft legislation
related to the Amendment on 6 October
2011, while it was only on 11 October that
the Referendum Commission launched its
public information campaign. Right up to
polling day, there were widespread reports
that members of the public had yet to receive
their referendum information booklets.

Grafton Street 26 October 2011

The ‘No’ campaign launched with a
press conference in Dublin, featuring
speakers including Catherine Murphy TD
(Ind), Senator Rónán Mullen (Ind), Mary
O’Rourke (Former Fianna Fáil TD, Senator
and Minister), Professor Gerry Whyte
(Associate Professor of Law in Trinity College
Dublin), Donncha O’Connell ( NUI Galway
School of Law) and Oisín Quinn (Senior
Counsel and Labour Party Councillor).
The launch of the ‘No’ campaign garnered
a good deal of media attention, and a
Sunday Times poll the following Sunday,
23 October, indicated a 14% fall in support
for the Amendment, and a clear increase
in the momentum behind a ‘No’ vote.
This was boosted by the publication in
the national press on Monday 24 October
of a letter from eight former Attorneys
General opposing the Amendment.

Mary O’Rourke with campaign supporters at the launch on 21 October

ICCL Annual Report 2011

15

Our Work
The letter from the Attorneys General
coincided with the launch on 24 October of
the ‘No’ campaign’s poster and billboard
campaign, marked by a photocall outside
Dáil Éireann involving lifesize kangaroos,
which garnered wide coverage in television
and in the press. A public meeting the
following day saw former Senator and
Northern Ireland Ombudsman Maurice
Hayes and ‘Abbeylara’ solicitor Peter Mullan
add their voices to the ‘No’ campaign. The
impact of the ‘No’ campaign was at this
point clearly being felt in the ‘Yes’ camp
with the Government hastily deploying
‘yes’ posters to counteract the ‘No’ camp’s
strategic ‘Kangaroo Courts’ poster
campaign in the capital.

A ‘Yes’ photocall and press conference
by the Taoiseach and Tánaiste, held
on 25 October to coincide with the
‘No’ campaign’s public meeting with
Maurice Hayes, saw the Taoiseach
attempt to dismiss the ICCL’s concerns
as ‘nonsense’. This dismissive treatment
of genuine public concerns for civil
liberties, along with ad hominem attacks
by ministers on opponents, undoubtedly
contributed to public scepticism
surrounding the 30th Amendment.
The referendum result confirmed that a clear
majority of the people were not convinced
that the Government’s proposals struck the
right balance between the public interest
and the rights of persons called before
Oireachtas Committees. It also was a firm
warning to the Government that its decisive
majority in parliament does not entitle it to
bounce the public into an ill-thought-out
and potentially dangerous reworking of
hard-won constitutional protections.

The ICCL looks forward to participating
fully in consultations on the shape of the
Constitutional Convention during the course
of 2012, and hopes that this forum will
include consideration of an amendment that
will strengthen the powers of Oireachtas
Committees, while protecting the human
rights of those who appear before them.

At present, Article 15.10
of the Constitution states:
Each House shall make its own rules and standing
orders, with power to attach penalties for their
infringement, and shall have power to ensure
freedom of debate, to protect its official documents
and the private papers of its members, and to
protect itself and its members against any person or
persons interfering with, molesting or attempting to
corrupt its members in the exercise of their duties.”
The 30th Amendment proposed to renumber this
as 15.10.1° and to insert the following subsections:
• 2° Each House shall have the power to conduct
an inquiry, or an inquiry with the other House, in
a manner provided for by law, into any matter
stated by the House or Houses concerned to
be of general public importance.
• 3° In the course of any such inquiry the conduct
of any person (whether or not a member of either
House) may be investigated and the House or
Houses concerned may make findings in respect
of the conduct of that person concerning the
matter to which the inquiry relates.
• 4° It shall be for the House or Houses

Maurice Hayes, Deirdre Duffy, Mark Kelly, Peter Mullan

www.kangaroocourts.net

concerned to determine, with due regard
to the principles of fair procedures, the
appropriate balance between the rights
of persons and the public interest for the
purposes of ensuring an effective inquiry into
any matter to which subsection 2° applies.

16 ICCL Annual Report 2011

02
YES

ICCL LAUNCHES
‘NO TO 30’ CAMPAIGN

80

NO

Thank you!
We couldn’t have done it without you and other
members and supporters like you, who helped to
spread the word online by email, Facebook and
Twitter, as well as traditional campaigning methods

70

including telephoning friends and family and
leafleting neighbourhoods.

60

Crucially, this campaign was funded entirely
through membership subscription fees and

50

additional donations to the ICCL Association.
We spent wisely, balancing the goals of educating
people about the problems with the Amendment

40

and also targeting the areas where we knew we
had to make the most ground.

30

While this was a win for human rights in
Ireland, we know that other challenges will

20

arise. It is vital that we continue to have the
resources required to meet these challenges.
And we can’t do it without your help.

10

Please join the ICCL as a member

00

or send a cheque or postal order today.

IRISH TIMES IPSOS MRBI
4 OCTOBER

SUNDAY TIMES B&A
18 OCTOBER

IRISH TIMES IPSOS MRBI
21 OCTOBER

SUNDAY INDEPENDENT
QUANTUM 21 OCTOBER

ELECTORATE
27 OCTOBER

Or, to directly support campaigns such as our
Oireachtas Inquiries ‘No’ campaign, you can
make a donation directly to the ICCL Association.
If you choose to donate in this way, please let

Mary O’Rourke at the launch on 21 October 2011

Our Kangaroo campaigners outside Leinster House, 24 October 2011

Campaigning at St. Stephen’s Green, Dublin, 26 October 2011

us know so that we can thank you.
Irish Council for Civil Liberties
Association Bank Details:
Bank of Ireland, College Green, Dublin 2
Account Number: 93272880
Sort Code: 90-00-17
Thank you! And thank you for your continued
support of the ICCL. We are so grateful.

ICCL Annual Report 2011

17

Our Work
The ICCL’s EU Justice Project – Working
at the European Level for the
Promotion of Victims’ Rights, and the
Protection of the Right to a Fair Trial
Recent developments under EU law to
protect the rights of victims of crime
in addition to measures to protect the
rights of accused persons in criminal
proceedings will have a significant
impact on Irish law, policy and practice.

This active legislative landscape and
commitment to improved protections
for both victims and suspects, forms the
background to the ICCL’s EU Justice Project,
which the ICCL began running in 2011.
The EU Justice project aims to ensure the
advancement of EU legislation and policy
on access to rights and the protection of
fundamental rights in order to contribute
to the effective development of criminal
justice and victim policy. Project activities
include the production of evidencebased research highlighting human
rights and legal requirements; hosting of
events in Ireland and other EU countries;
dissemination of information (see
information on case tracking and online
portal below) and advocacy within the
EU and Ireland, in conjunction with civil
society partner organisations.

Case-Tracking
As part of the EU Justice project, a casetracking system has been developed to
monitor judgments handed down from the
European Court of Human Rights and the
European Court of Justice. The information
gathered from this process will be used to
inform practitioners of the current human
rights issues passing through the Courts in
the areas of procedural and defence rights.

EU Justice Portal: eujustice.iccl.ie
The ICCL’s dedicated EU Justice Project
portal, eujustice.iccl.ie came on stream
at the end of 2011. This portal holds
information in the areas of victims’ rights
and procedural rights. The portal will be
regularly updated with the most relevant
documents, press releases, academic
comment, legislation, and case-law and
organised in a fully-searchable central
storage space. This portal will provide
information on EU justice issues in a
manner which is easily accessible to the
public, practitioners and other interested
parties. The portal can be accessed through
the ICCL website or at eujustice.iccl.ie.

The ICCL’s EU Justice Project is supported by the
Criminal Justice Programme of the EU

Procedural
Rights
18 ICCL Annual Report 2011

Victims’
Rights

02
Open letter regarding the Proposal for a
Directive of the European Parliament and
of the Council on the rights of access to a
lawyer and of notification of custody to a
third person in criminal proceedings.
In September 2011, together with five
partner organisations across the EU
(JUSTICE, Amnesty International
(European Institutions Office), Fair
Trials International, Open Society Justice
Initiative and European Criminal Bar
Association), the ICCL coordinated a letter
to EU Justice Ministers regarding the draft
Directive on access to a lawyer. This letter,
which was disseminated widely across
the EU, responded to suggestions of five
Member States (of which Ireland was one)
that the draft Directive be amended. The
open letter called for the highest possible
human rights standards to be retained in
the draft Directive. A copy of the letter is
available on the ICCL website at www.iccl.ie
or at eujustice.iccl.ie.

Victims’ Rights
Throughout 2011, the ICCL continued its
work on the draft EU Directive establishing
minimum standards on the rights, support
and protection of victims of crime or draft
Directive on Victims’ Rights.
In November 2011, the ICCL was invited to
a meeting hosted by the EU Fundamental
Rights Agency on victim support services
in the EU: an overview and assessment of
victims’ rights in practice. This meeting was
attended by government officials and civil
society organisations from across the EU.
Ongoing monitoring of the progress of
the draft Directive and the provision of
information on the draft Directive via
the EU Justice portal has allowed the
ICCL to maintain a connection between
developments at the EU and the potential
impact on Irish law for the benefit of victim
support organisations, legal practitioners
and other interested parties in Ireland.

The EU Justice project
aims to ensure the
advancement of EU
legislation and policy
on access to procedural
and victims’ rights.

03
Speaking out for LGBT Rights –
Supporting the work of
International LGBT Activists
through the National Lesbian
and Gay Federation’s GALA Awards
In 2011, the ICCL once again
lent its support to the NLGF’s
GALA award for International
LGBT Activist, joining Amnesty
International, the NLGF and Front
Line on the nomination committee.

The category recognizes a person or
organisation working outside Ireland
for the betterment of LGBT rights. The
ICCL nominated Justice Michael Kirby
of the Australian high court, who has
been a committed voice in advancing
equality, legal and social acceptance for
LGBT people in Australia, and on the
international stage, including in Ireland.
The winner of the 2011 award, announced
at the GALAs’ award ceremony in Dublin’s
Sugar Club on 22 September 2011 was Front
Line’s nominee Paisarn Likhitpreechakul of
the Foundation for Human Rights on Sexual
Orientation and Gender Identity in Thailand.

Speaking from Bangkok Paisarn
Likhitpreechakul told of how this award
sent a strong message of support and
solidarity to all the gay community in
Thailand, many of whom are working in
very isolated and vulnerable situations:
“Despite the gay friendly image that
Thailand enjoys internationally there
is much ingrained homophobia and
discrimination. Without equality,
tolerance is just a myth.”

The GALAS were set up in 2009 by the
National Gay and Lesbian Federation
(NLGF) to honour lesbians, gay men,
bisexuals and transgendered people and
organisations for their contributions to
Irish society, both north and south of the
border. The awards are also to honour
politicians, employers and other people
who are committed to advancing equality
and social acceptance for LGBT people in
Ireland. www.galas.ie

Without
equality,
tolerance is
just a myth.
Paisarn Likhitpreechakul of the
Foundation for Human Rights on
Sexual Orientation and Gender
Identity in Thailand

Anti-discrimination Law Review
project 2011–2013
Towards the end of 2011, the ICCL
commenced a major review of Ireland’s
anti-discrimination and equality law. To
date, very little critical research has been
conducted on the effectiveness of the
provisions of anti-discrimination law. While
previous studies in this field have focussed
on specific grounds of discrimination or
on discrete issues, this project will adopt
an holistic approach to analysing the law
in practice, building on the insights and
expertise of a wide range of people. It covers
all grounds of discrimination and addresses
both the Equal Status Acts 2000–2011 and
the Employment Equality Acts 1998–2011.
Following a comprehensive tender process,
the Equality Studies Centre in UCD was
selected to conduct the review.

22 ICCL Annual Report 2011

The project intends to build a comprehensive
picture of the factors that inhibit and
support the effective operation of Irish antidiscrimination law. Its aim is to generate new
knowledge about how the legislation works
in practice, identify aspects of the law that are
working well and highlight problem areas.
Specific objectives of the project include:

The principal Investigator for the project is
Dr Judy Walsh of the Equality Studies Centre
UCD. The project team will be supported
by a Specialist Advisory Group drawn from
civil society groups representing the nine
grounds, legal professionals and other key
stakeholders under the chairmanship of
Mr Conor Power BL.

The main output from the project will be
a research report, the final draft of which
will be received by ICCL at the end of March
2013. In addition, interim papers will be
produced prior to the final report. The
first will address the implementation of
discrimination law by equality bodies and
the second will address issues relating to
the discrimination law complaint. Both
papers will be produced in 2012 before
being integrated within the final report.

• Appraising current means of activating
the legislation
• Making recommendations for reform
(including an examination of equality
proofing duties)

More information on the project is
available from the project website
www.equalitylawreview.ie.

03
Equal Status Acts 2000–2011:
Discrimination in the Provision
of Goods and Services
The conduct of the Anti-Discrimination Law
Review project coincides with the impending
launch of the ICCL’s new publication on
the working of the Equal Status Act 2011.
Equal Status Acts 2000–2011: Discrimination
in the Provision of Goods and Services was
written by Dr Judy Walsh. The book will
act as a guide to students and practitioners
on the Equal Status Acts 2000–2011 and is
designed to illustrate how Ireland’s main
anti-discrimination laws operate in practice.
It explains the types of actions or omissions
that amount to discrimination, examines
relevant case law and looks at how the
Acts are enforced. Work on the book was
completed in 2011 and it will shortly be
published by Blackhall Publishing.

The project’s aim is to generate new
knowledge about how the legislation
works in practice, identify aspects
of the law that are working well and
highlight problem areas.

04
The 2011 ICCL Human Rights
Film Awards
Summer 2011 saw the ICCL Human
Rights Film Awards complete its third
successful year as Ireland’s only human
rights film competition.

Spanish actress-turned-film-director Mabel
Lozano was awarded the Grand Prize for
her film Listen to Me, an unflinching look
at the human impact of sex trafficking.
The film is based on the true story of sex
trafficking victim Svetlana Demidovitch
and shows how the complicity of her
‘clients’ helps to ensure that human
traffickers can continue their trade.
Speaking about her film at the Gala
Screening, held at the Irish Film Institute
on Wednesday 15 June 2011, Lozano
said: “This is a film festival about human
rights. One of the worst violations of
human rights that I can think of is the
trafficking of women and girls; the buying
and selling of human beings as if they
were bags or shoes. I hope that my film
and films like it will help to highlight
this serious human rights violation.”

Mabel Lozano with her Grand Prize trophy

Shortlisted Filmmakers

As Grand Prize winner, Mabel won a place
in the prestigious Summer School in
Human Rights, Cinema & Advocacy in NUI
Galway (see www.chra.ie for more details),
that took place from 1–8 July 2011.
The Awards Gala also saw honours go to
two further films. Jury member and awardwinning documentary maker Ken Wardrop
presented the third place prize to Hilary
Fennell for Hearing Silence, a touching
documentary about a talented musician
facing hearing loss. Senator David Norris
presented second prize to first-time director
Fran Cassidy for Freedom Driver, a lively
and entertaining portrait of disability
activist Dara Gallagher.

The ICCL
recognition
was a
hugely
positive
experience.
Fran Cassidy, director of Freedom Driver
and runner up in the 2011 ICCL Human
Rights Film Awards

IFI Screen 1 as screening begins

Jury members Brenda Fricker and Stephen Rea

ICCL Annual Report 2009

25

Our Work
The 2011 Human Rights Film
Awards Shortlist:

Hearing Silence
Director: Hilary Fennell

Elizabeth Petcu had devoted her life to
music, becoming principal flautist with the
RTÉ Concert Orchestra at the age of just 21.
Last year, after 25 years with the orchestra,
Dara Gallagher is a quick-witted force of
she had to leave the job she loved: she had
nature; a bon viveur, a raconteur and a rebel;
been diagnosed with otosclerosis, a form
a wheelchair user and a disability activist.
of progressive hearing loss. This moving
In Freedom Driver, filmmaker Fran Cassidy
documentary lets the audience enter a world
follows Dara on a whistle-stop tour of his
where sound plays a vital but increasingly
daily life and then travels with him to the
frustrating role; it is the story of one
European Parliament in Strasbourg.
woman’s fight to continue expressing her
creativity through sound, and an exploration
of her new relationship with silence.
Freedom Driver
Director: Fran Cassidy

Emerald Warrior
Director: Kyle Kroszner

Listen to Me (Escuchame)
Director: Mabel Lozano

Jay O’Callaghan is the captain of the
Emerald Warriors, a Dublin rugby club
set up in 2003 with the aim of giving
gay, bisexual and heterosexual men the
opportunity to play competitive rugby
together nationally and internationally.
In this meditative documentary, Jay talks
frankly about his experiences growing up
gay, his struggle to come out to his family,
and his love for rugby.

Spanish filmmaker Mabel Lozano takes a
fresh look at a difficult issue in Listen to Me,
a short film which explores the exploitation
of trafficked women through local clients’
complicity with the traffickers. The film’s
almost minimalist style and sparse dialogue
serve to emphasise the power of its message.

Head Space
Producer: Barry O’Donoghue
In Head Space, director Patrick Semple
and a team of Irish animators use rich and
evocative animation to explore the sensitive
topic of child abuse and the complex range
of emotions experienced by a child who is
being abused by a parent. The film takes
place in the mind of the abused child, where
colour and whimsy give way to the dark
tendrils of confusion, fear and loneliness
from which the child cannot escape.

Freedom Driver

26 ICCL Annual Report 2011

Hearing Silence

Emerald Warrior

Listen to Me

04
Election of Discontent
Director: Patrick Tierney
“The most appropriate thing you can do with
election posters is make a tent out of them”.
Filmmaker Patrick Tierney follows artist
Eddie Cahill as he tears down campaign
posters in the run-up to the Irish general
election of February 2011 and repurposes
the posters into a shelter for the homeless
outside the Dáil. Eddie gradually reveals his
own compelling story – from the source of
his disillusionment with the Irish political
system, to the importance of art as a means
of rehabilitation and as a form of protest.

Head Space

Expanding the Awards’ Educational Role
In 2011 the Human Rights Film Awards
launched two new initiatives: The Human
Rights in Under a Minute Challenge, and
the Human Rights Through the Lens
teaching project.
The Challenge was launched in 2011 in
association with RTÉ Young People’s
Programming and Two Tube. Designed
as a youth-focussed stream of the ICCL
Human Rights Film Awards, it calls on
young people across Ireland to create
their own human rights film on a subject
they are passionate about. The challenge?
It has to be a minute or less in duration.

Human Rights Through The Lens
To compliment the Human Rights in Under
a Minute Challenge, in March 2011 the ICCL
launched a new CSPE education resource
pack on film and human rights, entitled
Human Rights Through the Lens. Drawing
on some of the human rights-themed films
that made the shortlist of the 2009 and
2010 Film Awards, the pack is designed to
encourage in-class discussion and reflection
on human rights and how film can be used
to communicate and bring them to life.

Designed for the Civic, Social and Political
Education (CSPE) curriculum, the resource
is also suitable for Religion, Geography,
SPHE and Transition Year. It contains
lesson plans based around three films by
The Jury, which included young up-andaward-winning young Irish filmmakers.
coming actors Sarah Bolger and Robert
As well as outlining discussion and
Sheehan, chose a shortlist of four films
which were put to an online public vote. The classroom activities around the films, it
winners of the inaugural competition were St provides suggestions for follow up activities
Mac Dara’s Community College in Dublin for and Action Projects. It also encourages
their film Say What You Think. In addition to students to take inspiration and make a
film on an issue they are passionate about.
winning a state of the art digital camcorder,
the students of St Mac Dara’s were privileged
to have their film screened nationwide by
the competition’s partners, RTÉ Two Tube.

The resource was the subject of a nationwide
series of professional in-service teacher
training events conducted by the Professional
Development Service for Teachers in 2011.
It was also made available to download free
of charge from the Awards website,
www.humanrightsfilmawards.org.
This new educational initiative of the Human
Rights Film Awards was kindly supported by
Trócaire’s Mobilising for Justice Scheme, and
by the Professional Development Service for
Teachers (PDST).

Election of Discontent

ICCL Annual Report 2011

27

Our Work
The International Network of Civil
Liberties Organisations (INCLO):
Global Strategies; Local Impact
The ICCL’s year ended on a high note,
with an international event in Dublin
– The Future of Human Rights: Global
Techniques Securing Local Impact –
at which we hosted colleagues from
like-minded civil liberties organisations
from across the globe.
The keynote speaker was Hossam Bahgat,
the Executive Director of our Egyptian
sister organisation, the Egyptian Initiative
for Personal Rights (EIPR), one of the
leading figures in the ongoing struggle for
democracy and human rights in Egypt.
2011 was a momentous year for democratic
revolution, with the ‘Arab Spring’ offering
hope that, through collective action on the
part of dedicated civilian campaigners,
space may be beginning to open up for
democracy in parts of North Africa and the
Middle East. Mr Bahgat, a leading figure in
this year’s Tahrir square uprising in Egypt,
discussed the prospects for democracy
taking root in North Africa and the Middle
East, and role of revolutionary collective
action in securing civil and political rights.
Together with Anthony Romero, the
Executive Director of the American Civil
Liberties Union (ACLU), who discussed
strategic litigation, Shami Chakrabarti
of Liberty (UK), who discussed the role
of campaigns and advocacy, and

28 ICCL Annual Report 2011

Hagai El-Ad of the Association for Civil
Rights in Israel (ACRI), who highlighted the
importance of building effective coalitions,
Hossam assisted us to reflect on how we
can improve our legal work, campaigning,
advocacy and outreach.
These colleagues are part of a broader
network of ten civil liberties organisations
which have agreed to work together to
mutually reinforce the impact of our
domestic work in our respective countries.
ACLU, ACRI, EIPR, ICCL and Liberty are
now working together with the Canadian
Civil Liberties Association (CCLA),
Argentinean Center for Legal and Social
Studies (CELS), Hungarian Civil Liberties
Union (HCLU), Kenya Human Rights
Commission (KHRC and – despite its title
– an NGO), Legal Resources Centre (South
Africa) (LRC). This International Network
of Civil Liberties Organisations (INCLO) is
not a new organisation, but rather a new
way for ten independent organisations to
work together to their mutual advantage.
During their Dublin meeting INCLO Board
members also agreed upon the Principles of
Governance that will guide our future work.
INCLO’s Board will consist of the Directors
of each of the participating organisations,
chaired by two Co-Chairs. The ICCL is
honoured that its Director Mark Kelly has
been elected as one of the two founding CoChairs of INCLO, together with his colleague,
Gaston Chillier of CELS (Argentina).

Principles of Governance
INCLO Board members will:

(stakeholders) and making sure that there

1. Provide leadership for the Network by:

is regular and effective communication with

1.1 Agreeing our purpose, vision and values

them about the Network. 3.2 Responding to

and ensuring that they remain relevant and

queries or views of stakeholders about the

valid. 1.2 Developing, resourcing, monitoring
and evaluating a plan to make sure that the

work of the Network and its governance.
4. Work effectively by: 4.1 Ensuring that our

Network achieves its stated purpose. 1.3

governing body, individual board members,

Managing, supporting and holding to account

sub-committees, staff and volunteers,

staff, volunteers and all who act on behalf of

where applicable, understand their role,

the Network.

their legal duties and their delegated

2. Exercising control over the Network by: 2.1

responsibility for decision-making. 4.2

Identifying and complying with all relevant

Making sure that as a Board we exercise

legal and regulatory requirements. 2.2 Making

our collective responsibility through board

sure that there are appropriate internal
financial and management controls. 2.3

meetings that are efficient and effective.
5. Behave with integrity by: 5.1 Adhering

Organisational Development
Organisational Development:
Securing a Sustainable Future for
Human Rights Protection in Ireland
Our members, supporters and friends
are crucial to developing a sustainable
future for the ICCL, and we would like
to extend our sincere thanks to you.

At the 3rd annual ICCL evening for
legal practitioners, November 2011:

30 ICCL Annual Report 2011

The ICCL held its 3rd annual ICCL Human
Rights Film Awards, Ireland’s only human
rights short film competition. The highprofile annual project raises awareness of
human rights issues which affect some of the
most vulnerable individuals, families and
2011 has been an exciting year for the ICCL
groups in Ireland and indeed around the
in terms of building our community of
supporters and, crucially, raising funds which world. In 2011, the shortlisted films covered
issues as diverse as human trafficking,
allow us to continue our work as Ireland’s
disability rights, child abuse, LGBT rights
independent human rights watchdog. We
and political reform. The project garnered
were delighted to be selected as one of
support from numerous individuals,
only six organisations in Europe to receive
organisations and companies, who continue
an operating grant from the European
Commission in relation to our criminal justice to make the project possible each year by
donating funds, equipment, services, prizes,
work, enabling us to carry out a range of
vouchers, time and their expertise.
activities in this crucial policy area.

In November 2011, the ICCL’s 3rd annual
evening for legal practitioners took place in
the private dining room of Fallon & Byrne,
Exchequer Street and featured Phil Shiner
of Public Interest Lawyers (UK) as our
guest speaker. The Bar Council of Ireland
very kindly sponsored the pre-event drinks
reception, and a number of companies
donated sought-after prizes for the raffle.
The evening was an opportunity for legal
practitioners to network, socialise, exchange
knowledge and, importantly, raise funds to
support the work of the ICCL.

Dearbhail McDonald & Mary McIvor

Tanya Ward & Aileen Donnelly SC

We are especially grateful to the Atlantic
Philanthropies for their continued
support of our work of protecting and
promoting human rights in Ireland.

Mark Kelly & Phil Shiner

Why Your Support Matters
With the backing of our members and
supporters, we are able to intervene
where needed to shape public debate
and can ensure that human rights are
part of the discussion when developing
policy and legislation in Ireland. For
example, the ‘No to the 30th Amendment’
campaign was funded entirely by
membership subscriptions and small
additional gifts to the ICCL Association.

Governance
During 2011, the Directors of ICCL Ltd.
appointed a Governance Sub-Committee
to develop a Code of Governance for the
ICCL. The Directors are committed to
maintaining the highest standards of
Corporate Governance.
The Board meets on a regular basis and
receives comprehensive briefing documents
prior to each meeting. The quarterly
accounts are prepared by Neil Squires
& Co for review by the Board.

The ‘No’ campaign won. However, we know
that other challenges will arise, which is why
the ICCL is working to become a sustainable On appointment, Directors go through
an induction process and receive detailed
organisation, and one that is resilient when
material designed to familiarise them with
facing political and economic challenges.
the company’s operations, management
and governance structures.
Again, we would like to thank all of our
members, supporters and friends who
donate their time, energy and financial
support. We are so grateful.

The sponsors of the ICCL’s annual evening for legal practitioners

With the backing of
our members and
supporters, we can
ensure that human
rights are part of the
discussion when
developing policy and
legislation in Ireland.
The sponsors and supporters of the ICCL Human Rights Film Awards

the

grooming
rooms
ICCL Annual Report 2011

31

Remembering Kader
Professor Kader Asmal: 1934 – 2011
As the ICCL turned 35 years old in
summer 2011, we saw the passing
of one of the organisation’s
founding fathers, Kader Asmal.

Professor Kader Asmal passed away on 22
June 2011, almost 35 years to the day since he,
Mary Robinson and others met in Dublin to
discuss the creation of our organisation.
Kader was a truly exceptional person. A
leading light of the anti-apartheid movement
while living in exile in Ireland and the
United Kingdom, he also found time to
become one of the founders of the Irish civil
liberties movement. Even after his elevation
to ministerial office in the first democratic
government of South Africa, he continued
to offer his active support to the ongoing
struggle to secure full respect for human
rights here in Ireland, and, in recent years,
was a source of valuable support to the
ICCL’s work, particularly its campaign
on Equality For All Families.

Michael Farrell, former Co-Chair of the
ICCL, senior solicitor with Free Legal Advice
Centres and member of the Irish Human
Rights Commission, paid tribute to Kader
Asmal on hearing of his passing:
“I am deeply shocked at the sudden death
of Kader. He was a very old friend and
colleague in many struggles to do with
human rights. We met Kader and his wife
Louise in South Africa less than a month
ago and, though frail, he retained all his old
passion about politics, justice and human
rights. He wanted to know everything about
the recent elections here, the financial crisis
and the policies of the new Government.

But he was always most deeply committed
to the struggle for the freedom of his native
land, South Africa. He and Louise were the
founders of the Anti-Apartheid Movement
in Ireland, which was to become one of the
most effective branches of the movement
in combating the racist regime in South
Africa. He was also a very influential figure
in the African National Congress and
played an important part in the drafting of
South Africa’s extraordinarily inclusive and
democratic new Constitution.
His importance to the ANC was shown
when he became a Minister in the first free
government in South Africa. But he was not
afraid to criticise that government when
he thought it was straying from its original
ideals. His death will be a huge loss to the
new democratic South Africa and to this
country for which he retained a deep affection
and gratitude for giving himself and Louise
a home when he was in exile.

Kader Asmal made a huge contribution to
human rights in Ireland, North and South.
He played an important part in the formation
of the Civil Rights movement in Northern
Kader will be much missed by everyone
Ireland and he was one of the founders of the
associated with the ICCL over its 35 year
Irish Council for Civil Liberties in 1976. For
history, and to the wider community of
people in Ireland dedicated to the furtherance many years he was a courageous and often
lonely voice speaking out for the rights of gays, Our deepest sympathies are with Louise
of human rights and civil liberties.
and their family.”
Travellers and other disadvantaged groups.

Kader Asmal with Mary Robinson at an ICCL meeting
in 1976. Courtesy of the Irish Times archive

32 ICCL Annual Report 2011

Kader Asmal with Khongorzul Battur and Daryl Donnery at the
launch of the ICCL’s Equality for All Families report in 2006

For many years he was a
courageous and often lonely
voice speaking out for the
rights of gays, Travellers and
other disadvantaged groups.

Kader Asmal in Trinity College Dublin in 1976. Courtesy of the Irish Times archive
ICCL Annual Report 2011

• Your Rights. Right Now. A Plain English
Guide to the Universal Periodic Review

• ‘Irish People Urged to Get Involved in
• Bringing International Human Rights
“Your Rights. Right Now.’’’, Your Rights.
Home: A Civil Society Toolkit on
Right Now press advisory. Several versions
International Human Rights Reporting
issued throughout February 2011 for
consultations in Donegal, Galway, Cork,
• Human Rights Through the Lens: A Human
Limerick, Waterford, Dundalk and Dublin
Rights Education Resource for use in Civic,
Social and Political Education (CSPE)
• ‘Rights Watchdog Comments on Storm
Surrounding Creighton’s Anti-Equality
Remarks’, press release, 24 February 2011

• ‘Carthy family solicitor and former
Ombudsman outline concerns about
“Abbeylara” amendment’, media
advisory, 24 October 2011
• ‘Ministers Should Refrain from Attacks
on Good Name of Opponents says NO
Campaign’, press release, 25 October 2011

• Submission by the Irish Council for
Civil Liberties (ICCL) to the Working
Group on the Establishment of the
• Kelly, M. ‘Power to the Politicians: Failure
Human Rights and Equality
to find balance between public interest
Commission, 23 November 2011
and individual rights’, opinion piece in
debate with TP O’Mahony in the Irish
Examiner, 26 October 2011, p15

• Ward, T. ‘Response to a keynote paper by
Professor Rosemary Hunter on Feminist
Judgments’ at the Creating Change
conference in UCD, 11 March 2011
• ICCL attendance at the JUSTICE (UKbased law reform NGO) – convened,
meeting for members of the International
Commission of Jurists (ICJ) 18 March 2011

• Launch of Your Rights. Right Now. –
Ireland’s Civil Society UPR Stakeholder
Report by Minister Kathleen Lynch TD
• Duffy, D. ‘Your Rights Right Now and the
at European Parliament House, Dawson
UPR: Opportunities for Improving Women’s
Street, Dublin, 19 April 2011
Rights?’, presentation to Irish Congress
for Trade Unions (ICTU), Joint Women’s
• Government consultation meetings on
Committee Seminar, 4 -5 March 2011
the Universal Periodic Review of Ireland,
May 2011
• Your Rights. Right Now public consultation
National Review meeting on Civil Society
• Launch of Joint Shadow Report to the
UPR report, Ashling Hotel, Dublin, 10
First Periodic Review of Ireland under the
March 2011
United Nations Convention against Torture
and Other Cruel, Inhuman or Degrading
Treatment or Punishment, Buswells Hotel,
Dublin, 20 May 2011

‘Slow Down: Referendum Ahead’ Information leaflet

Human Rights Film Awards Jury members with
2010 winner Dearbhla Glynn at the 2011 Gala

Our Finances
The ICCL consists of two
organisations—the ICCL
Association and ICCL Ltd., a
company limited by guarantee.
All of our day-to-day activities are
managed by ICCL Ltd., including
promotional and awarenessraising initiatives, research and
policy activities, fundraising
campaigns, staff costs and
general overhead expenditure.

The ICCL Association is a membership
organisation. The ICCL Association’s
financial statements reflect all income
generated through membership fees and
additional donations made by members.
The ICCL receives income from individual
members, supporters and a small number
of foundations and trusts in order to
carry out the work of the organisation.
The ICCL expends its income on research,
campaigning and promotional costs
across the four main ‘pillars’ of the
organisation’s work (monitoring human
rights, promoting justice, securing equality
and organisational development).

Information is provided to all donors,
including individuals, trusts and
foundations, on a regular basis regarding
developments, activities and programmes
to ensure that the ICCL operates in
a manner that is transparent and
accountable. The ICCL complies with
all legal and regulatory requirements,
in line with best practice for NGOs.

Our Finances
Irish Council For Civil Liberties
Association: INCOME AND EXPENDITURE
ACCOUNT (For the year ended 31
December 2011)

2011 (€)

2010 (€)

Grants

1,500

—

Membership

6,999

6,951

718

150

25

0

9,242

7,101

income

Donations

Other income

Special funds

0

0

Total Income

9,242

7,101

10

10

expenditure on activities of strategic plan

Capacity Building

Research and Policy Development

0

0

Campaigning and Communication

37,120*

0

Lobbying and Advocacy

0

0

Networking

0

0

Fundraising

0

0

37,129

10

(27,888)

7,092

Total Expenditure

Surplus of Income over Expenditure

* Increase due to the Oireachtas Inquiries Referendum No Campaign

40 ICCL Annual Report 2011

2011 (€)

2011 (€)

2010 (€)

2010 (€)

fixed assets

Current Assets

Prepayments

Bank and Cash

8,189

34,080
8,189

34,080

current liabilities

Trade Creditors

Accruals

0

0

(1,997)

0
(1,997)

net assets

Cash carry forward

Surplus of income over expenditure

6,192

34,080

34,080

26,988

(27,888)

7,092

6,192

34,080

ICCL Annual Report 2011

41

Our Finances
Irish Council For Civil Liberties
Limited: INCOME AND EXPENDITURE
ACCOUNT (For the year ended 31
December 2011)

2011 (â&#x201A;Ź)

2010 (â&#x201A;Ź)

1,013,748

768,793

income

Total Income

expenditure on activities of strategic plan

Costs of campaigns, publications and awareness and fundraising activities

(815,669)

(559,766)

Support Costs (Governance, administration and capacity building costs)

(196,858)

(205,558)

Total Expenditure

(1,012,527)

(765,324)

0

0

1,221

3,469

0

0

Bank Interest

Surplus\(Deficit) before taxation

Tax on surplus

Retained Surplus brought forward

24,790

21,321

Retained Surplus at the end of the year

26,011

24,790

The company had no recognised gains or losses in the financial period other than the surplus\(deficit) for the above two financial years.
The above figures are taken from the ICCL Ltd., audited financial statements for the year end (31 December) 2011

42 ICCL Annual Report 2011

2011 (€)

2011 (€)

2010 (€)

2010 (€)

fixed assets

Computer Equipment

Furniture & Fixtures

154

3,509

16,155

21,239

16,309

24,748

Current Assets
Debtors

Cash at bank and in hand

Creditors: amounts falling due within one year

Net Current Assets/Liabilities

Total assets less current liabilities

41,809

21,036

71,336

83,634

113,145

104,670

(103,443)

(104,628)
9,702

42

26,011

24,790

26,011

24,790

Reserves

Retained Surplus

The above figures are taken from the ICCL Ltd., audited financial statements for the year end (31 December) 2011